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Wednesday, May 1, 2013

Inventions and Their Patents—and a Giveaway!

By Kathleen Y’Barbo

The
nineteenth century was known for great advances in science and industry. The
latter half of the century brought about the mechanization of business, an
increase in higher learning, and the age of machines that ushered in the
Industrial Revolution.

I am
currently writing a book series that centers on inventions and inventors. After
creating a few fictional discoveries, I wondered just how my characters might
go about filing for and receiving patents on these inventions. The process, as
it turns out, is much simpler than I expected.

The United
States Patent and Trademark office has declared that there are three types of
patents: utility, design, and plant patents. Utility patents are awarded for
processes, machines, or other compositions or for improvements to these things.
Design patents are just that, a patent given for creation of a design. Finally,
plant patents are given to those who invent or discover new varieties of
plants.

Before
making a request for a patent, a patent search must be done. This is generally
where an inventor will bring in an attorney who specializes in this area. My
research showed that there were only a few attorneys who specialized in working
through the details of patents during the latter years of the nineteenth
century. Harry A Toulmin, Sr. of the Springfield, Ohio firm of Toulmin &
Toulmin, was on the leading edge of this practice of law. Among the patents he
researched and brought to fruition were five different design elements of the Wright
brothers’ flying machines.

Since the
inventors in my stories are applying for utility patents, I took the search
further to see what would have been required during the latter half of the
nineteenth century. First, an application would be filled out showing, among
other things, the details of the item being patented as well as providing
information on the invention and its creator or creators.

All inventors must be
named and their citizenship data included. Drawings are included as well as
background information and any claims on the scope of the patent. A fee must be
paid and sworn oath must be provided that states, among other things, that the
inventors believe they are the original and first inventor of the item. Patent
applications are generally published 18 months after application. The time
between application and the granting of the patent can vary greatly, but it is
not a quick process and can take years.
A look back at the US Patent
Office reveals an interesting history. A disastrous fire struck the Patent
Office, then housed in Blodget’s Hotel, on December 15, 1836. All 10,000
patents and several thousand related patent models were destroyed thanks to an
old and defective fire hose that would not funnel water onto the fire.

Hundreds
of thousands of dollars were spent over the next ten years in an attempt to
restore all of the lost information. Eventually, the Patent Office declared the
effort a lost cause. A fire in 1877 repeated the problems of the earlier fire. While
postal workers doing a poor job of banking the fire in the basement fireplace
had caused the 1836 fire, no cause was ever determined for the destruction of
the building, which had been declared fireproof. Thanks to lessons learned in
the first fire, however, no patents were lost the second time around due to
duplicates being housed elsewhere.

Perhaps it
is the United States Patent Office that gives us an admonishment that is as
valuable now as it was back in 1877: Save your work!

--------------------

As the month of May
begins, I’m celebrating with a contest! FLORA’S WISH, book 1 of the Secret
Lives of Will Tucker series features a Pinkerton agent whose other interest is
inventing. I’m giving away a copy of FLORA’S WISH in a random drawing. Leave a
comment on this post to enter. Tell me what sort of invention—real or fictional—that you
would love to see me use in an upcoming book. Or just tell me that you would
like to win. A winner will be chosen at random. Contest ends at noon Central time on May 2.

Bestselling
author Kathleen Y’Barbo is a Carol Award and RITA nominee of forty-five novels
with almost two million copies of her books in print in the US and abroad and
nominations including a Career Achievement Award, Reader’s Choice Awards, and
several Romantic Times Top Picks. A proud military wife and tenth-generation
Texan, she now cheers on her beloved Aggies from north of the Red River. Find
out more at www.kathleenybarbo.com.

Okay, I'm going to go out on a limb and suggest the bra as the invention you should put in your next story! Really, though, I wonder who invented it, and if the first women to wear one felt scandalous, not wearing full undergarments. I think there could be some good story material in there, and quite possibly very funny material! I have a young son who I think could be an inventor someday. He's very imaginative, and is always making things, usually out of paper and tape, but sometimes from boxes or other cardboard pieces.....and, of course, more tape. If he's going to be an inventor we're going to have to invest in some stronger materials for him! :D

I have found very few books with Pinkerton agents and I just love the ones that I find. I would like to say the fly swatter. Surely, they tried to do something about all those pesky flies that seem to lurk everywhere waiting for the perfect opportunity to pester the daylights out of everyone and every animal. My dogs go crazy trying to catch those pesky things.

I would like to see plants used a theme, the discovery of a new variety of flowers . . . or secondly, a story about the very first patent lawyers. My husband is designing some yard equipment and working through the current patent process, which involves a lawyer and illustrator. Even though the government will fast track a senior adult, it still takes a lot of time. We've received two patents, though!

The curling iron! I can see many hilarious and horrible attempts and finding out how to get the perfect heat etc. I see poor ladies with shocks of hair missing from being burned off - wow, I must be a horrible person to imagine that. lol Interesting info, thank you!Susan Pfarmygirl at hotmail dot com

How about the sewing machine? That was a great invention, and still very much in use. I remember sewing on my Mother's sewing machine. Also, when I was sewing in High School. Ten the foot feed that you only had to press instead of peddling. I would love to win "Flora's Wish". Maxie mac262(at)me(dot)com

Hmmm what invention to use in your next book? That is a hard question and I can't think but give me a minute. I am going to say a fan - since air conditioning was not an option back then at least invent a fan to help keep you cool in the summer. Thank you for the chance to win.

I missed the chance for book but just wanted to say how interesting this post was about patents, I had wondered how they were done. I think some kind of invention that would help women in the home would be good for your books in future, maybe something so you wouldn't have to cook so much-not my fav job..Paula O(kyflo130@yahoo.com)

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